For those of you are film buffs, you may remember the Hunger Games, which is set in future dystopian society where North America used to be. In the film, the capitol city of Panem is divided into 12 districts; each of them nominates a contestant for a nationally-televised, life-or-death challenge called the “Hunger Games”. Its young resourceful participants must rely on their instincts, determination and intelligence to survive.
For lawyers and paralegals in Ontario, practicing law can feel a little like the Hunger Games, sometimes.
The ability to make a living in the legal profession is dictated by many outside factors, and there are risks aplenty. These stem from bigger-picture factors such as the economy. They can also be impacted by the chosen niche segment of the law, or else the region of the province, in which the lawyer or paralegal chooses to practice.
It can also include “softer”, more incremental factors — like regulatory constraints imposed by the Law Society of Ontario (LSO) around topics such as marketing, billing, and unbundled services.
It’s About the Fees
For legal professionals, one of these side-issues can nonetheless be top-of-mind. It relates to the professional membership fees paid to the LSO. Some feel they are too high, or that the money is not being used effectively to support the legal profession as a whole.
How LSO fees are charged, and how they are used, are both critical issues for legal professionals in Ontario. They can each have a significant impact on a lawyer’s ability to practice law and making a living.
Here are some of the talking-points to consider.
Reasonable LSO Fees
Everyone can agree: the fees paid to the LSO must be reasonable. Here’s why:
- If LSO fees are too high, they can become prohibitive. Individual lawyers and paralegals may struggle to cover their regulatory expenses.
- This could limit their ability to run their day-to-day practices, take on new clients, or expand their business.
- New lawyers and paralegals, and those working in smaller firms, will be most affected.
Effective Use of Fees
Next, legal professionals may also be concerned about where their fees are being allocated, and whether they are being used effectively to support the legal profession. Why is this important?
- The LSO is responsible for regulating the legal profession in Ontario, but it also plays a role in supporting lawyers/paralegals and the legal community more broadly.
- For example, the LSO provides funding for legal aid services, supports continuing professional development initiatives, and advocates for policies and programs that benefit the entire legal profession.
- It’s therefore important to evaluate how LSO money is being used, and whether there are opportunities to improve the way decisions are made around fee distribution, allocation, and spending.
The Regulatory Environment
Finally, the payment of fees is just one of the requirements placed on lawyers and paralegals by the LSO; there are many others that must also be complied with. There pertain to licensing, continuing professional development, and ethical conduct.
To some, these requirements may seem overly burdensome, or may appear to be enforced unfairly or inconsistently. This could lead to frustration or a sense of disillusionment among members of the legal profession, which could ultimately undermine the effectiveness of the regulatory regime.
The 2023 Election is Your Chance!
As a lawyer or paralegal, it can feel disheartening to face the regulatory requirements and financial burdens associated with the practice of law.
But the 2023 LSO Bencher Election is the opportunity to influence all that!
The election brings to light several critical issues facing the legal profession in Ontario, including the challenging topic of LSO fees and the overall regulatory scheme. By engaging in meaningful dialogue, and by casting your vote and having your voice heard, you too can help ensure the profession is supported by an effective, responsive regulatory environment.
So let us take inspiration from the Hunger Games, and channel our inner Katniss Everdeen: Let’s fight for survival, and for a better future for the legal profession in Ontario.
Russell Alexander
I’m running as your bencher candidate. Vote for me because I will keep an eye on the balance sheet, moderate LSO regulations, and improve access to justice. Learn more at russellalexander.com/bencher2023
